There are two main areas in which Congress can enact meaningful reform. The first is to rein in regulatory guidance documents, which we refer to as “regulatory dark matter,” whereby agencies regulate through Federal Register notices, guidance documents, and other means outside standard rulemaking procedure. The second is to enact a series of reforms to increase agency transparency and accountability of all regulation and guidance. These include annual regulatory report cards for rulemaking agencies and regulatory cost estimates from the Office of Management and Budget for more than just a small subset of rules.
In 2019, President Trump signed two executive orders aimed at stopping the practice of agencies using guidance documents to effectively implement policy without going through the legally required notice and comment process.
Featured Posts
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Free the Economy podcast: Social mobility in the 50 states with Justin Callais
In this week’s episode we talk about satellite shot clocks at the Federal Communications Commission, Federal Reserve nominee Kevin Warsh’s digital-dollar beliefs,…
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Halfway through the 119th Congress, CEI’s Agenda is turning into action
As the 119th Congress reaches its halfway mark, it is a good time to look back on what lawmakers have done in the past year.
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The week in regulations: Reimagining education and underground mines
Kevin Warsh is President Trump’s nominee for the next Federal Reserve chairman. The Fed held interest rates steady at its most recent FOMC…
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Pare Back Presidential Power
President Trump is poised to address a joint session of Congress on March 4, the first-year equivalent of the annual State of the Union address.
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This week in ridiculous regulations: Crab specifications and dominant postal products
More tariffs are on the way against China. President Trump announced that delayed tariffs against Canada and Mexico will go through. The actor Gene Hackman…
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This week in ridiculous regulations: flax revenue and female test dummies
President Trump announced reciprocal tariffs. At this point it is uncertain how they would be implemented. Agencies issued new regulations ranging from butterfat testing to…
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Agenda for Congress: Regulation
CEI’s new Agenda for Congress is out now. Each chapter contains pro-market policy recommendations in areas where CEI has expertise. Here are four principles…
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This week in ridiculous regulations: Automatic brakes and horse protection amendments
Sixty-seven people died when a military helicopter and a passenger jet collided near Reagan Airport. President Trump issued an Executive Order to stop all federal…
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Free the Economy podcast: Trump vs. the Regulatory State with Susan Dudley
In this week’s episode we cover how the feds are forcing your bank to spy on you, a new strategy for housing…
Staff & Scholars
Clyde Wayne Crews
Fred L. Smith Fellow in Regulatory Studies
- Business and Government
- Consumer Freedom
- Deregulation
Ryan Young
Senior Economist and Director of Publications
- Antitrust
- Business and Government
- Regulatory Reform
Fred L. Smith, Jr.
Founder; Chairman Emeritus
- Automobiles and Roads
- Aviation
- Business and Government
Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance
Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment